by Elidad Addo
Have you ever encountered a situation that starkly contrasted with your personal values and upbringing, shaping your judgment of that event? Imagine living outside your home country, where your rights and freedoms are shaped by the prevailing social and cultural norms of the majority. In this article, I explore how cultural perspectives influence laws and rights in Ghana, with a particular focus on LGBTQ+ rights. As more African countries proceed to ban LGBTQ+ activities, I examine Ghana’s Proper Human Sexual Rights and Ghanaian Family Values Bill including its current status, and its potential future. The bill is an example to highlight how deeply cultural norms shape the perception and protection of citizens’ rights and freedoms.
Cultures clashing on Instagram
Recently, I was scrolling through my Instagram feed when a particular post caught my eye. It featured a European man preparing for his wedding ceremony with his Nigerian bride. Intrigued, I decided to watch the full video. For the sake of clarity, let’s call the man Mike.
In the video, Mike narrated his journey through a Lagos market as he searched for the items needed for the traditional wedding. One of the things he bought was a live goat, which he tied by the legs and placed in the trunk of his car. Mike seemed to enjoy the experience of personally purchasing the items necessary for the traditional marriage ceremony.
After watching the video, I spent some time reading the comments beneath the post, and that’s where things got even more interesting. A European woman, whom we’ll call Jane, had commented, expressing her disapproval of how the live goat was tied and kept in the trunk. She argued that it was cruel to treat the goat that way since it could feel pain.
Several Nigerians responded to Jane’s comment, disagreeing with her by pointing out that the goat was not a pet and was destined for slaughter as soon as it was sold in the market. This led to a lengthy exchange between both parties. The debate highlighted how different social and cultural norms influence views on the appropriate way of animal treatment.
Reflecting on the discussion, I could understand both perspectives. My recent experiences in Europe, coupled with my upbringing in Africa, provided me with a unique insight. In Europe, many animals are treated with a certain level of dignity, at least more generally, which is not always the case in many African societies. This cultural difference shaped the contrasting opinions on how the goat should be treated.
A question of cultural perspective
Coming from West Africa to Europe, I have often found that my social and cultural background influenced my judgment of new experiences. For example, during my semester in Uppsala, I felt offended whenever people smoked cigarettes near me in public places, especially at bus stops. This reaction stemmed from the societal norms of my home country, where open smoking in shared public spaces is strongly detested. Similarly, when I first encountered open marijuana smoking in the Netherlands, I viewed it negatively, even though it was socially accepted there. I share these experiences to highlight how people’s ways of life shape their attitudes and judgments.
At a national level, state policies, laws, and governance systems are deeply rooted in the cultural positions of the majority of the citizenry. This cultural influence explains why different countries in the West adopt varying democratic systems. For instance, many European nations have a bicameral legislature, reflecting their historical ties to monarchy and the cultural significance of the crown. Although only a few European countries maintain their monarchies, their democratic systems differ from those in many third-world countries.
Citizen rights also vary among democratic nations due to differences in social and cultural makeup. In some European countries, the voting age is 16, while in others it is 18. For example, in the recent MEP elections held from June 6th until 9th, some 16-year-old Europeans in some EU member states had the right to vote for the first time, while their counterparts in other member states did not. These variations in voting legislation within the EU reflect the unique social and cultural positions of each member state and its impact on the rights of citizens to vote.
It is such influence of cultural and social positions on citizens’ rights and freedoms that has led to a stark polarization of sexual rights between Western countries and many African countries. A prime example is the passing of the Proper Human Sexual Rights and Ghanaian Family Values Bill in 2021, commonly referred to as the Anti-LGBTQ+ Bill, by the Parliament of Ghana. Despite several threats of sanctions from Western partners, this move demonstrates the government’s firm stance on ensuring that cultural and societal values shape the sexual rights of their citizens. If signed into law by the president, this bill would criminalize all LGBTQ+ activities in Ghana. The current bill is not novel in terms of criminalizing homosexuality, as existing laws in Ghana already prohibit it. The new ‘Anti-LGBTQ+ Bill’ aims to extend these prohibitions to cover the entire spectrum of the LGBTQ+ community, addressing aspects not covered by the existing legislation.
In June, a month dedicated by many Western countries to acknowledging the LGBTQ+ community and their rights, I will use this article to discuss the conflict over sexual rights between Western and several African countries. I will focus on the development of the ‘Anti-LGBTQ+ Bill’ in Ghana, its current state, and its potential future.
The Genesis
As far as I can remember, the issue of protecting sexual minorities entered the Ghanaian public sphere during the presidency of John Evans Atta Mills (2008 until 2012). Although I was in my early teenage years, I recall it being debated on national radio when the president revealed he was being pressured to review laws prosecuting homosexuals as a condition for receiving foreign aid from the UK. Atta Mills, in his subsequent meeting with British Prime Minister David Cameron in Ghana, firmly declared his rejection of any aid if it required altering the legislation on homosexuality. This government stance effectively removed the issue of sexual rights from the public domain until January 2021.
In January 2021, an LGBTQ+ advocacy resource center was opened in Accra with some Western diplomats in attendance. The news about this event brought the issue of LGBTQ+ rights back into the spotlight, leading to the subsequent closure of the center. This event triggered some parliamentarians to present a private member bill to parliament in 2021. After extensive consultations with various stakeholders, the bill was passed in 2024. The new bill was introduced by some bipartisan members of parliament with the majority support from faith-based organizations having the intent of protecting Ghanaian family values against the perceived infiltration of foreign values concerning proper human sexual rights.
Current state of the bill
After the bill was passed by the Parliament of Ghana, many Western media outlets criticized the government for their attempt to promote homophobia. They argued that granting the LGBTQ+ community their sexual rights also protects other human rights, such as the right to life and economic rights. In contrast, local media reported the issue with a focus on promoting Ghanaian social and cultural values. Some cultural values such as gender binary, marriage exclusively between males and females, and the prevention of cross-dressing, among other things are what the bill aims to protect. In a press statement reported by a major news outlet, the National House of Chiefs described LGBTQ+ activities as ‘abominable’ and against Ghanaian cultural values.
Additionally, some human rights defenders petitioned the Supreme Court, requesting an injunction to prevent Parliament and the President from proceeding with the bill, arguing that certain provisions infringed on people’s rights. The issue also reached the EU Parliament in Strasbourg, where it was discussed as an infringement on universal human rights.
Currently, the president of Ghana has decided to withhold assent to the bill until the Supreme Court rules on its constitutionality. Meanwhile, the decision to pass the bill into law has become a significant political issue for the December 2024 elections. Both Presidential candidates from the two major political parties have pledged to sign the bill into law, reflecting the majority of Ghanaians’ position on the issue.
While Western countries view the bill as an infringement on human rights, freedom of expression, and democratic principles, the majority of Ghanaians see it as a way to resist the imposition of Western values, safeguard state sovereignty, and strengthen their family value system. Being a highly religious country, none of the tenets of the three major religions—Christianity, Islam, and African traditional religion—supports LGBTQ+ ideals. The core of Ghanaian cultural and social values is based on the principles of these religious ideals. For most Ghanaians, the perceived pressure from the West to promote LGBTQ+ rights is seen as a form of imperialism and a threat to the sovereignty of the state. These differing perspectives highlight how society and culture influence views on the rights and freedoms granted by the state.
The potential future
In my opinion, there are three factors that will decide the fate of the bill in the near future: the December 2024 election, the Supreme Court ruling, and access to foreign aid.
Firstly, the Supreme Court’s ruling on the constitutionality of the bill could take several months or even years, given its history with similar cases. So far, the Supreme Court is yet to hold a significant hearing on this matter. The court’s judgment will determine the future of the bill and its impact on the LGBTQ+ community. While the ruling may not automatically nullify the bill, it could address the criminalization of LGBTQ+ individuals and lead to changes in certain harsh provisions.
Secondly, Ghana’s efforts to secure an IMF bailout loan could also influence the bill’s fate. The president has already been advised by the finance ministry about the financial implications of assenting to the bill and its potential impact on their access to the loan. Until the loan acquisition process is finalized, the bill will remain on the desk of the President without assent.
Lastly, and most immediately impactful in my opinion, is the December 2024 presidential and parliamentary election in Ghana. As the campaign season gains momentum, there will be increased pressure on the current government to satisfy the electorate and win back the presidency. Although the current President has reached his constitutionally mandated term limit, his Vice President is leading the governing-party in the election race. Religious and traditional leaders, who are major influencers in the voting outcome, are demanding a more proactive response from the government. This situation could potentially change the government’s position as the election approaches, especially if there is no significant ruling from the Supreme Court. Additionally, the Supreme Court’s ruling could influence the government’s image before the polls, particularly if it does not align with the expectations of the majority of Ghanaians.
The current state of LGBTQ+ rights is not the only area where social and cultural factors influence legislation and implementation in Ghana. Other rights, such as children’s rights, disability rights, women’s rights, and labor rights, are also significantly shaped by Ghanaian cultural and social systems. This differs from how these rights are realized in most Western countries. When analyzed through the lens of Western values and culture, these rights in Ghana might be perceived as violations to varying degrees, similar to the perspective on the treatment of the goat in the story I narrated at the beginning of this article.
The Euroculturer 